The petitioners in Crl.M.C No.7303/2014 are the original accused Nos.3, 4 and 6 in Crime No.159/1994 of the Kadakkavoor Police Station, registered under Sections 143, 147, 148, 149, 447 & 427 of the Indian Penal Code and under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, and the petitioners in Crl.M.C No.7304/2014 are the accused Nos.5 and 8 in the said crime, registered on the complaint of one Kunjan, that the eight accused in the crime abused him and one Sukumaran who belong to Scheduled Caste, and they also committed some acts of mischief in the property as part of a criminal design made by them. The original accused Nos.2 and 7 faced trial before the Court of Session, Thiruvananthapuram in S.C No.1713/2001. Pending the said proceeding, the original second accused Madhu died, and thus the charge against him abated. The original 7th accused Gireesan faced trial before the Court of Session, and obtained a judgment of acquittal on 13.6.2005 when all the material witnesses including the first informant Kunjan turned hostile to the prosecution, in view of an amicable settlement made by the parties out of court. In the said case the prosecution examined nine witnesses including the victims Kunjan and Sukumaran, and marked Exts.P1 to P4 documents. Kunjan examined as PW1 disowned his case, and Sukumaran examined as PW2 also turned hostile. The other material witnesses examined by the prosecution did not in any manner support the prosecution. Annexure B judgment shows that the victims and the other witnesses turned hostile in view of a settlement made by the parties amicably out of court, resolving the whole dispute.
2. The case against the original accused Nos.3, 4 and 6 still continues as committal proceeding before the learned Judicial First Class Magistrate Court, Varkala. When they absconded from legal process, the committal proceeding against them was transferred to the register of long pending cases as L.P No.130/2001, and now warrant of arrest periodically being issued, is pending against them. The case against the original accused Nos.5 and 8 was later committed to the Court of Session, and it is now pending as S.C No.1024/2011 in the Court of Session. The petitioners now seek orders quashing the prosecution as against them on the ground that continuance of the prosecution in the above circumstance will not serve any purpose, when the very substratum of the case stands totally lost, and when the parties have come to terms amicably out of court and resolved the whole dispute forever. The victims Kunjan and Sukumaran are the respondents 1 and 2 in this proceeding. They have filed affidavit to the effect that the whole dispute between them and the accused persons stands resolved forever amicably, and they have no grievance or complaint now. In fact it is really doubtful whether the prosecution in this case under the SC/ST (Prevention of Atrocities) Act is sustainable, because some essential elements are required for such an offence. The alleged offence must have been committed within public view, and the alleged abuse must have been made with the object of humiliating and abusing members of scheduled caste. Individual disputes and grievances will not attract such an offence. Anyway, the parties have come to terms, and I am well satisfied that there is a real and genuine settlement between the parties. In such a situation, continuance of prosecution as against the petitioners herein will not serve any purpose. No doubt, the prosecution cannot in any manner improve the case, and the material witnesses cannot in any manner support the prosecution if the case against the petitioners goes to trial. Continuance of prosecution will be a sheer waste of time.
In the result, these Criminal Miscellaneous Cases are allowed. The prosecution against the petitioners herein in Crl.M.C No.7303/2014 in L.P No.130/2001 before the Judicial First Class Magistrate Court, Varkala and also the prosecution against the petitioners in Crl.M.C No.7304/2014 in S.C No.1024/2011 before the Court of Session, Thiruvananthapuram will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners in these two proceedings will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
P.UBAID JUDGE ab